Throughout this course, many discussion opportunities come up where you need to respond to other people’s opinions and comments. Then, respond to your Discussion topic after you have completed your Reading.

Cora and Caley, CARDWARE’s co-office managers have determined that CARDWARE Inc. is growing so rapidly that they need to hire a part-time advertising manager to market CARDWARE’s latest business, “Designer Car Seat Covers.” Camille has recommended Nicole Marriott to fill the position. Nicole has freelanced with several big agencies and brings with her a wealth of knowledge, integrated advertising software, and a host of media contacts to further the interests of CARDWARE. CARDWARE provides Nicole with an office and use of its telephones and equipment, such as copy machine, fax machine, and computer, although Nicole may use her own computer if she wishes.

While visiting with Z-1, a leading car manufacturer, in an attempt to secure its business, Nicole recognized a former colleague Raquel Dean whom she knew to be sly with business tactics in stealing ideas. Raquel walked by Nicole and accidentally bumped into her causing Nicole to drop a pile of papers with diagrams and profit graphs from Designer Car Seat Covers. Nicole, thinking that Raquel was trying to take her ideas, doubled up her fist and punched Raquel in the face knocking out her two front teeth and bruising her left eye. Raquel filed suit against CARDWARE based on battery.

Determine the following:

Whether or not Nicole is an independent contractor.

Discuss whether or not CARDWARE Inc. would be liable for Nicole’s torts/criminal acts if she is considered to be an independent contractor. Be sure to note the difference in outcome if she is determined to be an employee.

GEL 1.02: Demonstrate college-level communication through the composition of original materials in Standard English.

The Cardigan family has made a name for themselves in the sweater industry whereby they have designed sweaters for a variety of uses and for a wide target audience ranging from toddlers to business professionals. Cassandra, whom everyone calls Cassie, is the CEO of CARDWARE Inc., Camoni is the spokesperson for the sweater line, and Candie models the lines in the professional sphere. They often use their mother, Camille, as a business consultant for input about various new ideas and marketing because she was the manager and agent of her son’s glove company. Cora and Caley, Camille’s two youngest daughters from her second failed marriage to Bo Jenkins, are co-office managers of their headquarters located in Silkadonia.

CARDWARE is growing by leaps and bounds. It has now opened 10 new stores nationwide under the name “The Sporty One.” It has been agreed by the Board of Directors at CARDWARE Inc. that each store shall have a general manager and assistant manager who both were to act as sales persons and one additional sales person. The slogan the store advertises its sports ware with is “You don’t have to be an athlete to look and feel like one.” The current sports ware that “The Sporty One” carries shows a clothing distribution of 60% for females and 40% of its line is for males. However, it would eventually like for it to be a 50/50 distribution. The Cardigans research has demonstrated that the trend has been more female than male shoppers. Further, following the marketing theory of many high end clothing stores, CARDWARE prefers slender, young employees to work for it, so that the clothing line can keep with the image of being sporty.

Petunia Rotunda, a middle aged, slightly plump woman saw an ad online for a salesperson for The Sporty One and applied for the position. The ad read as follows:

WANTED: Salesperson experienced in retail sales or marketing preferred, energetic, youthful, athletic, and able to “sport” the clothing lines of The Sporty One with style. The Sporty One is a division of CARDWARE Inc. and proud to be an Equal Opportunity Employer.

Petunia has had 5 years of retail experience working in a garden shop that did have some flannel shirts and aprons as well as gardening gloves for sale. Noah Dahl, a college graduate in marketing also saw the ad and applied for the salesperson position at The Sporty One. Noah, a slender racquetball player has not had any retail experience but has had customer service experience for an online gaming company.

After interviewing both applicants, CARDWARE’s General Manager, Chloe, one of the cousins of the Cardigan clan has decided to hire Noah. Petunia was outraged claiming that she should have been hired and that she has been discriminated against based on her age. CARDWARE contends that Noah was more qualified as per the advertisement as well as company image and future plans for the company; age had nothing to do with it.

Noah began work the following week. Still angry, Petunia visited The Sporty One. She began to harass Noah to the point where other customers started to leave the store. Having had enough insults, Noah grabbed Petunia by the arm and shoved her towards the door. She stumbled and ran into one of the clothing racks and thereafter knocked over 92-year-old Hetty Whitestone who was passing by the mall store. Hetty suffered a concussion and died.

Using the above facts given, please label with headings and discuss the following in this order:

PART I:

Did CARDWARE have genuine BFOQs (Bona Fide Occupational Job Qualifications) in its ad?

Do not forget to review the company’s slogan as given in the above facts.

Be sure to discuss Petunia’s point of view as well as CARDWARE’s position and defenses.

Use legal authority to support your position as well.

PART II:

If Petunia brings a lawsuit based on negligence against CARDWARE and The Sporty One, will CARDWARE be responsible for Noah’s behavior? If so, under what theory?

What defenses might CARDWARE assert?

If Hetty Whitestone’s estate claims that CARDWARE should be responsible for Hetty’s death, will it?